(a) The Director of Finance for the Municipality shall make all purchases of supplies, materials, equipment and services as authorized by Council in the manner prescribed by this article and subject to the limitations imposed by the Charter and general law.
(b) All purchases of supplies, materials, equipment and services shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged therewith, and such supplies, materials, equipment and services shall conform with specifications approved, established and enforced by the Director of Finance.
(c) No purchase order shall be issued or contract executed nor shall any other agreement purporting to obligate the Municipality be entered into without a written approval signed by the Finance Director, that there is sufficient unencumbered appropriation and allotment balance to cover the obligation.
(d) Pursuant to the Charter, before the Director of Finance shall make any purchase of, or contract for supplies, materials or equipment, he shall give ample opportunity for competitive bidding under the general rules and regulations herein prescribed and with such further regulations and exceptions as Council may hereafter prescribe; nothing herein contained shall be construed as excepting individual contracts, purchases or sales from the requirement of competitive bidding, as required by the Charter. All such purchases, or the contracts for such purchases, shall be awarded to the lowest and best responsible bidder; providing, however, that any or all bids may be rejected in the manner and form prescribed in this article.
(e) Split bidding is prohibited. The practice of "split bidding" is hereby defined to be the device of submitting multiple requisitions for the same supplies, materials, equipment or services where the sum of the cost of the several requisitions is equal to one thousand dollars ($1,000) or more, and splitting the department's requirements into several requisitions would thereby avoid the necessity for the Municipality to require competitive sealed bids. The practice of "split bidding" is hereby declared to be improper, illegal and against the public interest, and head of the office, department or agency shall state on each requisition that such requisition represents the entire quantity presently known to be required and that the requisition is not a part of a device or scheme to avoid the purchasing procedure of the Municipality.
(f) The Municipality may withold payment on any vendor or contractor who is in default on the payment of any taxes, licenses, fees or other moneys of whatever nature that may be due the Municipality by such vendor or contractor.
(g) Pursuant to the provisions of the Charter, any capital improvements or repairs costing more than one thousand dollars ($1,000) or any series of capital improvements or repairs constituting essentially a single project and costing in the aggregate more than one thousand dollars ($1,000) shall be executed by contract except where such improvement is authorized by Council to be executed directly by the Mayor in conformity with detailed plans, specifications and estimates. All such contracts shall be awarded to the lowest responsible bidder after such public notice and competitive bidding as prescribed herein, and after a public opening of bids as likewise provided herein. Alterations in any contract may be made when authorized by Council upon the written recommendation of the Mayor.
(h) Notice inviting bids shall be published as a Class I legal advertisement. Such notice shall include a general description of the article to be purchased, shall state where bid blanks and written specifications may be secured, and the time and place for opening bids. Additional notice of such invitation to bid shall be posted on public bulletin boards in the Municipal Building.
(i) Bids shall be submitted sealed to the Village Recorder and shall be identified as bids on the envelope. Such bids shall be opened in public and in the presence of at least three persons, including a representative from the Director of Finance and Village Recorder's office and at the time and place stated in the public notices. A tabulation of all bids so received shall be posted on bulletin boards in the Municipal Building for public inspection.
(j) Pursuant to the guidelines herein set out, Council shall have and hereby is granted the authority to reject any or all bids, parts of all bids or all bids for any one or more supplies or contractual services included in the proposed contract.
(k) When deemed necessary bid deposits shall be prescribed and noted in the public notices inviting bids. The deposit shall be in such amount as the Purchasing Agent shall determine and unsuccessful bidders shall be entitled to return of the deposit where such has been required. A successful bidder shall forfeit any required deposit upon failure on his part to enter a contract within ten days after the award, if a specified time is not stated in the bid specifications.
(l) The Director of Finance shall require evidence of payment and performance bonds secured by a surety company authorized to do business in the State before entering a contract. The bonds shall be such amount as the Director of Finance shall find reasonably necessary to protect the best interests of the Municipality.
(m) Notwithstanding the procedures as are set out in this article, the Director of Finance is hereby authorized with prior approval of the Department of Finance and Administration of the State to purchase supplies and equipment for the City pursuant to West Virginia Code 8-12-10, when it was deemed that such purchase will result in a substantial savings to the Municipality.
(A.O.)
(n) Council shall not enact any blanket authorization sanctioning or approving in advance the making of purchases in excess of the sum of ten thousand dollars ($10,000). Purchases in excess of that sum, either separately or in the aggregate, shall not be undertaken without a specific Council resolution approving such purchase or purchases.
(Ord. 2015-8. Passed 11-3-15.)